DB upholds life-imprisonment of three accused facing trial since 1986

02/09/2014

Jammu: A Division Bench of State High Court Comprising Justice Virender Singh and Justice Bansi Lal Bhat has upheld the life-imprisonment awarded to Charanjit Singh, Inder Singh and Rattan Lal who were facing trial since 1986 and were awarded life-imprisonment by Trial Court on April 26, 1993.
According to the police case that on 07.11.1986 at about 1.30 am one Waryam Singh lodged a written report at Police Station Bishnah alleging therein that his relative Gian Chand deceased who was a hot-headed man disliked by the villagers and had previously been subjected to a murderous assault resulting in serious injuries, was chased by the accused after the deceased had an altercation with some villagers who raised a lalkara that Gian Chand should not be permitted to escape but the deceased managed to save his life. However, at 7/8 pm the accused armed with lathies and swords, with common intention, assaulted the deceased on a thoroughfare near a well. When the deceased ran for safety, the accused gave him a chase, waylaid him in the compound of Mst. Shani and struck him repeatedly with the intention of eliminating him. It was alleged that accused Charanjit Singh inflicted injuries on the person of deceased by giving repeated strikes with a sword while accused Rattan Lal and Inder Singh hurled lathi blows on him. He further alleged that the deceased succumbed to injuries on spot and his dead body was lying in a pool of blood. The informant Waryam Singh claimed to have watched the occurrence alongwith Janak Raj as the duo had visited the residence of deceased on that day. Based on this report, case under FIR No. 162/86 for offence under Sections 302/34 of RPC came to be registered at Police Station Bishnah. After completion of investigation challan was presented and on April 26, 1993 Trial Court awarded life-imprisonment. Against the order of conviction, accused preferred present appeal.
This approved for reporting judgment written by Justice Bansi Lal Bhat for the Division Bench observed that careful consideration and reappraisal of evidence adduced by prosecution at the trial we are of the considered opinion that the prosecution has discharged burden of proof resting upon it, to the hilt, by direct evidence and proof of circumstances. The authorship of crime is clearly proved against the accused who all along collaborated with each other in continuing with the assault on the person of deceased with their respective weapons till he laid the ghost. Evidence brought on record by prosecution admits of no ambiguity on the aspect of motive for the crime of murder, it being established that the deceased had served sentence for having committed murder of one Ram Singh Saini- a relative of the accused and the accused were after his throat. The conviction of accused, who are proved to have acted in tandem sharing common intention for causing brutal murder of deceased, is well founded and found no infirmity in the impugned judgment of conviction and order of sentence formulated by the learned Trial Court. The conviction and sentence are, accordingly, upheld and the sentence of life imprisonment slapped upon accused is confirmed. JNF

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